QARTA Terms and Conditions

Last Updated: August 19, 2026

1. Introduction

1.1 About Us

These Terms and Conditions govern your use of the website qarta.ge (the "Website") and the services provided through it. The Website is operated by:

შპს მფრინავი სპილო (LLC Flying Elephant)
Trading as: QARTA
Legal Form: Limited Liability Company
Identification Number: 405681178
Registration Number and Date: 05/03/2024
Registered by: LEPL National Agency of Public Registry
Address: 14 Merab Kostava St, Tbilisi, 0108, Georgia Contact Email: hi@qarta.ge

(Referred to as "QARTA", "we", "us", or "our")

1.2 Agreement to Terms

By accessing and using our Website, creating an account, or placing an order, you ("User", "you", or "your") agree to be bound by these Terms and Conditions and our Privacy Policy. These documents together form a binding legal agreement between you and QARTA.

1.3 Acceptance

If you do not agree to these Terms and Conditions, you must not use our Website or services.

1.4 Changes to Terms

We may modify these Terms and Conditions only for valid reasons, such as:

• Changes in applicable law or regulatory requirements
• Changes to our products, services, or the way we operate
• Security, fraud-prevention, or technical needs

For material changes, we will give you at least 30 days advance notice by email to registered users and by a notice on the Website before the changes take effect. Orders already placed remain governed by the version of the Terms you accepted at the time of ordering. Placing a new order or continuing to use the Website after the changes take effect constitutes acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years of age to use our services. By registering, you confirm that you are of legal age and have the legal capacity to enter into this agreement.

2.2 Account Creation

To use our design tools and place orders, you must create an account by providing:

• Full name
• Email address
• Phone number
• Delivery address
• Password

2.3 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must not share your account with others
• You must notify us immediately at hi@qarta.ge if you suspect unauthorized access to your account
• You are responsible for all activities that occur under your account

2.4 Accurate Information

You warrant that all information provided during registration and ordering is accurate, complete, and current. You agree to update this information promptly if it changes.

2.5 Account Suspension

We reserve the right to suspend or terminate your account if:

• You breach these Terms and Conditions
• You provide false or misleading information
• We suspect fraudulent activity
• Required by Georgian law

3. Our Services

3.1 Service Description

QARTA provides an online service for creating personalized photo products (photo books, photo prints, and photo frames) that allows you to:

• Upload your photos to our platform
• Design personalized photo books and other photo products using our tools
• Order printed photo books, photo prints, and photo frames for delivery

We also offer gift cards (see Section 7).

3.2 Photo Upload and Storage

• You may upload photos in supported formats (JPEG, PNG)
• Photos are stored securely on Cloudflare R2 storage
• Photos are automatically deleted after 90 days from upload date
• We recommend downloading or backing up your photos before this period expires
• Once deleted, photos cannot be recovered
• Our platform is not a photo backup or archival service. Do not rely on it as the only copy of your photos
• Full details of storage and deletion periods are set out in the retention schedule in our Privacy Policy

3.3 Service Availability

• We strive to maintain 24/7 availability of our Website
• We do not guarantee uninterrupted access and are not liable for temporary unavailability due to maintenance, technical issues, or circumstances beyond our control

4. User Content and Copyright

4.1 Your Content Ownership

You retain full ownership of all photos and content you upload to QARTA.

4.2 License to QARTA

By uploading content to our service, you grant QARTA a limited, non-exclusive license to:

• Store and process your photos
• Create your photo products as per your instructions
• Use your content solely for the purpose of providing our services

This license terminates when your photos are deleted after 90 days or when you delete them manually.

4.3 Content Responsibilities

You are solely responsible for ensuring that your uploaded content:

✓ You Own or Have Permission

• You own the copyright to all photos
• You have obtained necessary permissions from copyright holders
• You have consent from all identifiable persons in the photos

✗ Prohibited Content You must not upload content that:

• Infringes any copyright, trademark, or intellectual property rights
• Is illegal, offensive, defamatory, threatening, or abusive
• Depicts child sexual abuse or sexualizes minors in any way. We will report any such content, together with related account details, to the Georgian authorities
• Contains intimate or private imagery of any person shared without their consent
• Contains pornographic, obscene, or indecent material
• Promotes discrimination, hatred, or violence
• Contains personal information of others without their consent
• Violates any Georgian laws or regulations

Ordinary family photographs, including images of childbirth, breastfeeding, or medical contexts, and everyday photos of your children, are not treated as prohibited content where they are clearly non-sexual family memories.

4.4 Content Review

We do not routinely monitor uploaded content. However, we reserve the right to:

• Review uploaded content for compliance with these Terms
• Refuse to print or remove content that violates these Terms, at our sole discretion
• Cancel orders containing prohibited content without refund

If we refuse to print your content, we will notify you and you may contest the decision by contacting hi@qarta.ge, except where the content is illegal, in which case we may act without prior notice.

4.5 Your Indemnification

You agree to indemnify and hold QARTA harmless from any claims, damages, or expenses arising from your violation of copyright or other rights through content you upload.

5. Placing Orders

5.1 Order Process

1. Create and design your photo product using our builder
2. Review your design carefully
3. Add to cart and proceed to checkout
4. Provide delivery information and review your order summary, where you can check and correct your input before submitting the order
5. Select a payment method and submit the order by completing payment. Submitting an order constitutes an offer to purchase and carries an obligation to pay
6. We immediately acknowledge receipt of your order electronically
7. The contract is concluded when we send you the order confirmation email

5.2 Order Confirmation

• An order is only confirmed, and the contract concluded, when you receive an order confirmation email from us
• We reserve the right to accept or reject any order at our discretion
• Payment authorization does not guarantee order acceptance

5.3 Reasons for Order Rejection

We may reject or cancel an order if:

• The product is out of stock
• Payment authorization fails
• Pricing or product description error occurred
• Content violates our Terms and Conditions
• We suspect fraudulent activity
• Technical errors in the order

5.4 Proofing Responsibility

IMPORTANT: You are responsible for reviewing and proofing your design before placing your order, including:

• Spelling and grammar
• Photo quality and resolution
• Layout and formatting
• Color accuracy (note: screen colors may vary from print)
• Completeness of content

We cannot edit or cancel orders once placed and payment is confirmed.

5.5 Order Modifications

Orders cannot be modified or cancelled after the order confirmation email is sent.

5.6 No Right of Withdrawal for Personalized Products

We inform you, before you place your order and in accordance with Article 10(1)(e) of the Law of Georgia on the Protection of Consumer Rights, that:

• Our photo products are manufactured to your individual specifications and are clearly personalized
• Under Article 14(2)(g) of the Law of Georgia on the Protection of Consumer Rights, such goods are exempt from the 14-day withdrawal right that otherwise applies to distance contracts
• You therefore cannot cancel a confirmed order or return a personalized product due to a change of mind

Nothing in this section limits your statutory rights in respect of defective, damaged, or misdescribed products (see Section 10). Gift cards are not personalized goods; the withdrawal right applicable to them is described in Section 7.

6. Pricing and Payment

6.1 Prices

• All prices are displayed in Georgian Lari (GEL)
• Prices include VAT at the applicable rate
• Delivery charges are shown separately at checkout
• Prices may change for future orders; price changes do not affect orders already placed

6.2 Pricing Errors

If a pricing error occurs:

• We will notify you as soon as possible
• We are not obligated to fulfill orders at incorrect prices, even after order confirmation
• You will be offered the option to purchase at the correct price or cancel with full refund

6.3 Payment Methods

We accept the following payment methods:

• Credit/Debit Cards (Visa, Mastercard)
• Google Pay
• Apple Pay
• Installment and split payments (Bank of Georgia, TBC Bank)

6.4 Payment Processing

• Payment is processed immediately upon order placement
• You are redirected to a secure payment gateway
• QARTA does not store your card details
• Payment must be completed in full before order processing begins

6.5 Payment Security

All payments are processed through secure, PCI-compliant payment gateways operated by our payment gateway partners. We do not have access to your full card information.

6.6 Installment Payments

• Installment and split ("buy now, pay later") payments are credit products provided by Bank of Georgia and TBC Bank under their own terms and conditions
• Your credit agreement is concluded directly with the bank; the bank decides whether to grant the credit and on what conditions
• If an order paid by installments is refunded, the refund is processed through the bank, and the installment agreement is reversed or adjusted in accordance with the bank's process

7. Gift Cards

7.1 General

• We offer QARTA gift cards, which may be issued digitally or as a physical card
• Gift cards are valid for the period stated at the time of purchase
• A physical gift card is claimed and activated according to the instructions provided with the card; until claimed, anyone in possession of the card may be able to redeem it, so keep it safe

7.2 Redemption and Balance

• Gift cards are redeemable at checkout on qarta.ge
• If your order total is lower than the gift card value, the remaining balance stays on the card and can be used for future purchases within the validity period
• If your order total exceeds the gift card value, you can pay the difference with another accepted payment method
• Gift cards are not redeemable or exchangeable for cash

7.3 Lost or Stolen Cards

Please treat your gift card like cash. Lost or stolen gift cards will not be replaced or refunded unless required by law.

7.4 Cancellation and Refunds for Gift Cards

• Gift cards are not personalized goods, so the 14-day distance-contract withdrawal right applies to them
• If you purchased a gift card online and it has not been redeemed, you may cancel the purchase within 14 calendar days of purchase and receive a full refund
• Gift cards that have been redeemed, in full or in part, cannot be cancelled, refunded, or exchanged for cash

8. Promo Codes and Discounts

We may offer promo codes and discounts from time to time. Unless expressly stated otherwise in the specific offer:

• Promo codes and discounts have no cash value and cannot be exchanged for cash
• Promo codes are non-transferable
• Only one promo code may be applied per order
• Promo codes must be applied at checkout; they cannot be applied retroactively to orders already placed
• Promo codes expire on the date stated in the offer and cannot be honored after expiry
• We may revoke or refuse to honor a promo code that has been obtained or used fraudulently, or used in breach of the offer's terms

9. Delivery

9.1 Delivery Area

We currently deliver within Georgia only.

9.2 Delivery Period

• The delivery timeframe communicated at checkout is our committed delivery period for your order
• Unless we expressly agree a different period with you, we will deliver no later than 30 calendar days after the contract is concluded, as required by Article 7 of the Law of Georgia on the Protection of Consumer Rights
• We will notify you by email and/or SMS when your order is dispatched
• Delivery is fulfilled Monday through Saturday

9.3 Late Delivery

• If we fail to deliver within the committed delivery period, you may set us a reasonable additional period for delivery
• If we do not deliver within that additional period, you may cancel the order, and we will refund all amounts paid without undue delay

9.4 Delivery Address

• You must provide a complete and accurate delivery address
• We are not responsible for delays or non-delivery due to incorrect address information
• You cannot change the delivery address after order confirmation

9.5 Delivery Costs

Delivery charges are calculated at checkout based on:

• Order value
• Delivery location
• Selected delivery method

9.6 Failed Delivery

If delivery fails due to:

• Incorrect address provided by you
• Recipient unavailable at delivery address
• Refusal to accept delivery

You will be contacted to arrange re-delivery, which may incur additional charges.

9.7 Risk and Title

• Risk of loss or damage passes to you when you, or a person indicated by you, take physical possession of the product; we bear the risk while the product is with the courier
• Ownership transfers to you once payment is received in full

9.8 Delivery Delays

We are not liable for delays caused by:

• Weather conditions
• Natural disasters
• Civil unrest
• Other events beyond our reasonable control

Where delivery is delayed, your remedies under Section 9.3 remain unaffected.

10. Defective Products and Your Statutory Rights

10.1 Personalized Products

Our photo products are personalized products made specifically to your specifications. As explained in Section 5.6, under Article 14(2)(g) of the Law of Georgia on the Protection of Consumer Rights they cannot be returned for a refund due to a change of mind. Nothing in this section limits your statutory rights for defective, damaged, or misdescribed products.

10.2 Two-Year Statutory Conformity Liability

• Under Articles 16, 17, and 20 of the Law of Georgia on the Protection of Consumer Rights, we are liable for any lack of conformity of the product that becomes apparent within 2 years of delivery
• A defect that becomes apparent within 6 months of delivery is presumed to have existed at the time of delivery, unless we prove otherwise or this presumption is incompatible with the nature of the product or the defect

10.3 Remedies for Defective Products

If your product is defective, damaged, or does not match what you ordered:

• We will first offer you a free remedy: a reprint (replacement) or repair of the product, within a reasonable time and without significant inconvenience to you
• If a reprint or repair is impossible, disproportionate, or not provided within a reasonable time, you are entitled to a proportionate price reduction or a full refund
• A refund of the full price is not available where the defect is insignificant; your other remedies remain unaffected

10.4 Fast-Track Resolution

In addition to your statutory rights, we offer a goodwill fast track: if you report a defect within 14 days of delivery and provide clear photos, we will arrange a free reprint or a refund without further formalities. Using the fast track does not limit your statutory rights.

10.5 How to Make a Claim

To make a claim:

1. Email hi@qarta.ge
2. Include your order number
3. Provide clear photos of the defect or damage
4. Describe the issue in detail

We will review your claim and respond within 5 business days. Please keep the product until your claim is resolved; we will only ask you to return it if necessary for the investigation, and in that case the return is at our cost.

10.6 Print Quality and Your Source Files

Our products are printed from the digital files you supply. We may decline a quality complaint where our investigation shows that the printed product accurately matches the file you supplied, within normal digital-print tolerances. This reflects Article 16 of the Law of Georgia on the Protection of Consumer Rights, under which the trader is not liable for a lack of conformity that stems from materials supplied by the consumer. Our editor warns you where an uploaded photo has low resolution; we recommend you address such warnings before ordering.

10.7 Customer Errors

We do NOT provide refunds or reprints for:

• Spelling or grammatical errors in your content
• Low-quality photos you uploaded
• Color variations due to screen differences
• Layout or design choices you made
• Wrong quantity ordered
• Incorrect delivery address provided by you

This section does not affect your statutory rights where the product itself is defective.

10.8 Refund Method

If a refund is approved:

• Full refund of product cost plus delivery charges (if applicable)
• Refund processed within 14 calendar days
• Refund issued to the original payment method
• For orders paid by installments, the refund is processed through the bank in accordance with the bank's process (see Section 6.6)

11. Chargebacks

• If you believe a payment was taken in error or without authorization, please contact us first at hi@qarta.ge; most payment issues can be resolved faster with us directly than through a bank dispute
• If you initiate a chargeback that is shown by our records and the payment provider's investigation to be unfounded, we may suspend your account and seek recovery of the disputed amount and the costs we incur, to the extent permitted by law
• Nothing in this section limits your right to raise a legitimate dispute with your bank or payment provider

12. Communications

12.1 Service Communications

By creating an account, you agree that we may contact you via:

• Email to your registered email address
• SMS/phone to your registered mobile number

For purposes of:

• Order confirmations
• Dispatch notifications
• Delivery updates
• Service-related announcements
• Responding to your inquiries

12.2 Marketing Communications

We may send you marketing communications with your consent. You can opt out at any time by:

• Clicking "unsubscribe" in any marketing email
• Contacting us at hi@qarta.ge
• Adjusting preferences in your account settings

12.3 Important Notices

You cannot opt out of important service-related communications regarding your orders or account.

13. Intellectual Property

13.1 QARTA Ownership

All content on our Website, including but not limited to:

• Website design and layout
• QARTA logo and branding
• Software and code
• Templates and design tools
• Text, graphics, and images

Are owned by or licensed to QARTA and protected by Georgian and international intellectual property laws.

13.2 Restrictions

You may not:

• Copy, reproduce, or distribute our Website content
• Modify or create derivative works
• Use our logo or branding without written permission
• Reverse engineer our software or services
• Use automated tools to scrape or access our Website

13.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website and services for personal, non-commercial purposes only.

14. Limitation of Liability

14.1 Service Provision

We provide our services with reasonable skill and care. Except as expressly stated in these Terms and except for the warranties and conformity requirements that apply under mandatory Georgian law (including the Law of Georgia on the Protection of Consumer Rights), we make no additional warranties, express or implied, regarding our services.

14.2 Liability Cap

To the maximum extent permitted by Georgian law, our total liability for any claim arising from your use of our services shall not exceed the amount you paid for the specific product or service giving rise to the claim.

14.3 Exclusions

We are not liable for:

• Loss of profits, revenue, or business opportunities
• Loss of data (except as caused by our gross negligence)
• Indirect, consequential, or incidental damages
• Delays or failures due to circumstances beyond our control
• User-generated content errors or quality issues
• Unauthorized access to your account due to your failure to secure your credentials

14.4 Mandatory Liability and Consumer Rights

Nothing in these Terms limits or excludes our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Your statutory warranty remedies and other consumer rights that cannot be limited or excluded under Georgian law, including under the Law of Georgia on the Protection of Consumer Rights
• Any other liability that cannot be limited under Georgian law

15. Privacy and Data Protection

15.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms and Conditions.

15.2 Data Controller

QARTA (შპს მფრინავი სპილო) is the data controller for your personal information.

15.3 Your Commitment

Please review our Privacy Policy to understand how we handle your personal data.

16. User Conduct

16.1 Prohibited Activities

You agree not to:

• Use our services for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our Website
• Transmit viruses, malware, or harmful code
• Impersonate another person or entity
• Harass, threaten, or abuse our staff or other users
• Use our services in violation of any Georgian law

16.2 Consequences

Violation of these conduct rules may result in:

• Suspension or termination of your account in accordance with Section 18
• Order cancellation without refund
• Legal action as appropriate
• Reporting to relevant authorities

17. Respectful Conduct

We are committed to respectful communication with our customers, and we ask for the same in return:

• Abusive language, insults, threats, or harassment directed at our staff will not be tolerated
• If communication becomes abusive, we may end the conversation and restrict further communication to specific channels
• In serious or repeated cases, and after a warning where feasible, we may refuse future service
• Your statutory rights in relation to existing orders remain unaffected

18. Termination

18.1 By You

You may terminate your account at any time by:

• Contacting us at hi@qarta.ge
• Your photos will be deleted immediately upon account closure
• Outstanding orders will still be fulfilled

18.2 By Us

• For minor breaches of these Terms, we will first send you a warning and give you a reasonable opportunity to remedy the breach before suspending or terminating your account
• We may terminate or suspend your account immediately, without a prior warning, in case of illegal content, fraud, or another serious breach of these Terms, or where required by law or legal authorities
• We may also terminate accounts if we cease providing the service, with reasonable advance notice where possible

18.3 Effect of Termination

Upon termination:

• Your access to the service will be revoked
• Your photos will be deleted from our servers
• Outstanding orders will be handled as appropriate
• These Terms survive termination where applicable

19. Governing Law and Disputes

19.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Georgia.

19.2 Jurisdiction

Any disputes arising from these Terms or your use of our services shall be resolved by the courts of Georgia. If you are a consumer, this does not deprive you of the protection of any mandatory jurisdiction rules that apply for your benefit.

19.3 Internal Complaint Procedure

Before initiating legal proceedings, we encourage you to:

1. Contact us at hi@qarta.ge to resolve the matter informally
2. We will respond within 5 business days
3. We will work in good faith to reach a resolution within 30 days

19.4 Georgian Competition and Consumer Agency

If you are not satisfied with the outcome of our internal complaint procedure, you may, as a consumer, file a complaint with the Georgian Competition and Consumer Agency (gcca.gov.ge). Filing a complaint with the Agency is free of charge and is available within 2 years of the alleged violation. Applying to the Agency does not deprive you of the right to apply to the courts.

19.5 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under Georgian law. We do not require you to use arbitration or any other binding out-of-court procedure.

20. General Provisions

20.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and QARTA.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.

20.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations to a third party.

20.5 Force Majeure

We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters
• War or civil unrest
• Government actions
• Internet or telecommunications failures
• Pandemics or health emergencies

20.6 Language

These Terms are provided in English. In case of any discrepancy between English and Georgian versions, the Georgian version shall prevail.

21. Contact Us

For any questions, concerns, or requests regarding these Terms and Conditions:

Email: hi@qarta.ge

Postal Address:
QARTA (შპს მფრინავი სპილო)
14 Merab Kostava St, Tbilisi, 0108, Georgia

By using QARTA's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.